1. (a) Establishment of escrow account During the period prior to the approval of the continuation of an order pursuant to the referendum required under section 2906(a) of this title, subject to subsection (f), the Board shall—

   1. (1) establish an escrow account to be used for assessment refunds;
   2. (2) place funds in such account in accordance with subsection (b); and
   3. (3) refund assessments to persons in accordance with this section.

2. (b) Funding escrow account Subject to subsection (f), the Board shall place in such account, from assessments collected under section 2906 of this title during the period referred to in subsection (a), an amount equal to the product obtained by multiplying—

   1. (1) the total amount of assessments collected under section 2906 of this title during such period; by

   2. (2) the greater of—

      1. (A) the average rate of assessment refunds provided to producers under State beef promotion, research, and consumer information programs financed through producer assessments, as determined by the Board; or
      2. (B) 15 percent.

3. (c) Demand and receipt of one-time refund Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this chapter,¹ any person shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 2906 of this title from such person during the period referred to in subsection (a) if such person—

   1. (1) is responsible for paying such assessment; and
   2. (2) does not support the program established under this chapter.
4. (d) Form and time period for demand for one-time refund Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.

5. (e) Submission of proof for one-time refund Such refund shall be made on submission of proof satisfactory to the Board that the producer, person, or importer—

   1. (1) paid the assessment for which refund is sought; and
   2. (2) did not collect such assessment from another producer, person, or importer.

6. (f) Insufficiency of funds in escrow account; pro­ration of funds among eligible persons

   1. (1) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is approved pursuant to the referendum required under section 2906(a) ¹ of this title, the Board shall—

      1. (A) continue to place in such account, from assessments collected under section 2904 of this title, the amount required under subsection (b), until such time as the Board is able to comply with subparagraph (B); and
      2. (B) provide to all eligible persons the total amount of assessments demanded by all eligible producers.
   2. (2) If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section and the continuation of an order is not approved pursuant to the referendum required under section 2906(a) of this title, the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

(Pub. L. 94–294, § 8, May 28, 1976, 90 Stat. 532; Pub. L. 99–198, title XVI, § 1601(b), Dec. 23, 1985, 99 Stat. 1604.)

Editorial Notes

References in Text

This chapter, referred to in provisions preceding par. 1 of subsec. (c), was in the original “this subtitle”, and was translated as reading “this Act” to reflect the probable intent of Congress.

Section 2906(a) of this title, referred to in subsec. (f)(1), was in the original a reference to section 10(a) of Pub. L. 94–294, section 2909(a) of this title, and was translated as section 2906(a) of this title as the probable intent of Congress, in view of section 2909 of this title not containing a subsec. (a) and the subject matter of section 2906(a) which relates to a referendum.

Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to refunds for provisions relating to required terms and conditions in orders.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.

¹ See References in Text note below.